IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
ZUBAIDA RAHMAN @ NALUPURATIL P ZUBAIDA – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 38247 OF 2024
| Table of Content |
|---|
| 1. petition seeks relief against unauthorized parking. (Para 1 , 2) |
| 2. discussion around police deployment and petitioner's concerns. (Para 3 , 4 , 5) |
| 3. court directs representation to be considered by 6th respondent. (Para 6) |
JUDGMENT
This writ petition is filed seeking the following reliefs:
“i. To issue a writ of mandamus or order or direction to respondents 3rd and 4th to provide adequate police protection for removing the illegal vehicle parking in front of the exit gate of the petitioner from wide number parking of vehicles in front of the gate of the petitioner’s house to save the petitioner's life under Article 21 of the Constitution of India .
ii. To issue a writ of mandamus or order or direction to competent respondents to declare the said area of the property as no parking zone.
iii. To issue a writ of mandamus or order or direction to respondents 1 to 4 to remove illegal wide number parking of vehicles in front of the gate of the petitioner’s house as it is violative of Article
19 & 21 of the Constitution of India .
iv. To dispense with the filing of English translation of vernacular documents.
v. To issue such other appropriate Writ, Order or direction as is deemed just and necessary in the circumstances of the case.”
[SIC]
2. The main grievance of the petitioner is regarding the unauthorised parking of autorikshaws, two wheelers and other vehicles in-front of the gate of the petitioner, which creates obstruction to the access of the house of the petitioner.
3. When this writ petition came up for consideration on 04.02.2025, this Court passed the following orders:
“The learned Government Pleader submits that, the 4th respondent has already deployed sufficient number of police to ensure that no obstruction is caused to the petitioner's residence. The learned Counsel for the petitioner seeks time to ascertain these aspect.
Post on 18.02.2025. “
4. The learned counsel for the petitioner submitted that, even now unauthorised parking is going on, and unless this area is declared as a no parking area, the petitioner and his family members will be in trouble.
5. Heard the learned counsel for the petitioner, and the learned Government Pleader.
6. After hearing both sides, I am of the opinion that, the grievances of the petitioners is to be considered by the 6th respondent. The petitioner can be allowed to file a representation before the 6th respondent and there can be a direction to the 6th respondent to consider the same with notice to the petitioner and other affected parties.
Therefore, this writ petition is disposed of with the following directions:
i) The petitioner is free to file a representation narrating the grievance raised in this writ petition before the 6th respondent by way of a representation, within two weeks from the date of receipt of a copy of this judgment.
ii) Once such a representation is received, the 6th respondent will consider and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner and other affected parties if any, as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of the representation.
ii) Till orders are passed as directed above, the arrangements made as recorded in the interim order dated 04.02.2025, will continue.
Sd/-
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